Research On The Legal Regulation Of State-owned Capital Authorized Operation And Supervision Entities

Public ownership which is China's fundamental economic system characterizes with a huge amount and large-scale state-owned giants,compared with other non-public ownership country's economic system.Therefore,how to better prevent the loss of state-owned assets and strengthen the supervision of state-owned assets have inevitably become an important issue in the research of state-owned Assets Supervision and management system.With the continuous exploration of the supervision and management of state-owned assets system,The Third Plenary Session of the 18 th Central Committee of the CPC made new deployments : First,in the field of state-owned assets,the reform supervision mode with "managing capital" as the main mode is clearly proposed;Second,reforming the authorized management system of state-owned capital,adopting state-owned capital authorized operation as a breakthrough to perfect the supervision of state-owned assets.In this context,how to more scientifically assert the subject of state-owned capital authorized operation and supervision,and how to reinforce the necessary legal regulation to the subject of state-owned capital authorized operation and supervision,it is obviously an avoidably important subject in the wake of studying the supervision and management system of state-owned assets at the present stage.To that end,there are four parts discussed below:The first part discusses the basic theory of state-owned capital authorized management and supervision subject.On the basis of the analysis of the fundamental structure and the historical evolution subjects of the authorized operation of state-owned capital,it emphasizes that under the background of authorized operation of state-owned capital,there are new requirements for the state-owned Assets Supervision and management body: unifying the supervision body,reducing supervision force,and the supervision object becomes the state-owned capital investment operation company.The Second Part Inspects the system blemish of our country state-owned capital authorization management and supervision main body.From the perspective of promoting the maximum efficiency of state-owned capital and preventing the loss ofstate-owned assets,and from the dimensions of the determination,power and responsibility of the supervisory body,it shows that the supervision body is not perfect in legal provisions,the allocation of supervision power is not scientific,and the responsibility of the supervision body is not well-developed.The third part draws upon the legislative experience of some foreign countries(Japan,South Korea,the United States,Singapore and Italy),on how to integrate the existing subject in our country,how to restrict the administrative supervision subject power,how to regulate the way of taking responsibility of supervision body to proceed necessary exploration.The fourth part brings up legislative advice for China's state-owned capital authorized operation and supervision of the main system to be more perfect.Firstly,under the background of authorized operation of state-owned capital,the role of unified regulator of SASAC is clarified.Secondly,making a list of powers to regulate the operation of SASAC power,in the meantime affirming the relationship between SASAC and state-owned capital investment and operation companies.Finally,from the responsibility bearing way and the responsibility investigation subject aspects,to perfect the responsibility investigation of supervision body.